Attitude of the Judges
Chief Justice Eckels was given to drunkenness and was grossly immoral; yet he felt it his duty to advise that indictments be issued against the leaders of the Church for the practice of plural marriage. He did not know just how to handle the situation, for there were no statutes either in the territory or in the United States to punish such a thing. Therefore he attempted to place the matter under the old Mexican law which had no application in United States territory.
Associate Justice Sinclair, who was usually drunk, commenced his duties on the bench by charging the grand jury of his court, to indict ex-Governor Brigham Young, General Daniel H. Wells, and other “Mormon” leaders, for treason, on the ground that President Buchanan’s pardon, “while a public act in the history of the country,” yet it was a thing of which his court could not “take judicial cognizance.” United States Attorney Alexander Wilson took a different view and so expressed himself at length before the grand jury in open court, stating “that there are now no acts of sedition, treason, or rebellion against the government of the United States in this territory.” For that reason he would not present bills or bring action against any inhabitant of the territory on such a charge.
Bitterness of Cradlebaugh
Judge Cradlebaugh manifested a very bitter spirit against the leaders of the Church. When he opened court at Provo, he made a demand on General Johnston for several companies of troops from Camp Floyd, and a detachment was furnished him. The reason the judge gave for this action was that the presence of the soldiers was necessary to preserve the peace, and take care of the prisoners because there was no jail in Provo. The real reason was a desire to insult the people of the town and to intimidate witnesses before the court. Inside of two weeks there were about one thousand men in arms surrounding the court house.
Protest of the Citizens
Instead of keeping the peace, the presence of the troops was a menace to the peace of the town. Five hundred citizens righteously and vigorously protested against the insult in an address to the mayor and city council. They declared that their “feelings were aggrieved and outraged” by the appearance of a military force surrounding the court and infesting the halls of justice, and they considered it a “high handed outrage, a direct infringement upon the rights of American citizens and a gross violation of their liberties and municipal immunities.”
The judge was informed by the mayor and city council of the petition and was asked for the immediate removal of the troops beyond the city limits. It was declared that their presence made it very difficult for the officers of the city to preserve the peace. The judge refused to listen to the appeal. Later another vigorous protest was made by the city officials, who declared that soldiers had been caught breaking into houses; they had engaged in drunken street brawls and had otherwise disturbed the peace. However, Judge Cradlebaugh turned a deaf ear to all appeals.
Governor Cumming’s Proclamation
Governor Cumming visited Provo in the month of March, and to him an appeal was made by the mayor and council. The governor could see the situation for himself, and forwarded a communication to General Johnston requesting him to withdraw the troops. General Johnston refused to hearken to the request of the governor, on the grounds that he was there to serve each of the coordinate branches of the territorial civil government, and was subject to the judicial as well as to the executive department. Upon this refusal of the commander of the troops, Governor Cumming issued a proclamation protesting against the presence of the military force which had been called to Provo without his sanction and contrary to the instructions given him by the government. Their presence, said the governor, had a tendency to terrify the inhabitants and disturb the peace. All future movements of the troops should be at his direction in accordance with his instructions from Washington.